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I AM 22 YEARS OD WITH A 3 MONTH OLD BABY BOY MY CHILDS FATHER DID NOT SIGN THE BIRTH CERT. BECAUSE HE DID NOT WANT TO PAY CHILD SUPPORT
HE HAS THREATEN ME MULTIPLE TIMES ON HOW HE CAN TAKE MY SON AWAY FROM ME. I HAVE A RESTRIANING ORDER AGAINST HIM FOR VERBAL, AND PHSYICAL ABUSE. HE HAS SPIT IN MY FACE GRIP MY BY HAIR. CALLED DHS ON ME MAKING FALSE ACCAUSATIONS AGIANST ME CASE WAS THROWN OUT. I HAVE NO MONEY FOR A LAWYER. I AM TEMPORAY UNEMPLOYED FOR 3 WEEKS I GET PUBLIC ASSISTANCE FOR RIGHT NOW, HE GIVE ME NOTHING FOR MY CHILD HE EVEN THREATEN TO DROWN MY CHILD. I LIVE WITH MY MOTHER FOR NOW UNTIL I GET BACK ON MY FEET. I SO SCARED THAT HE IS GOING TO TAKE HIM FROM ME. A COUPLE OF DAYS A GO HE CALLED MY SISTER SAYING THAT HE WAS GOING TO KILL ME. WHAT CAN I DO TO GET CUSTODY AND HIM SUPERVISED VISIATION RIGHTS? CAN I GO WITHOUT A LAWYER AND STILL WIN?

2007-08-03 09:40:54 · 13 answers · asked by Anonymous in Pregnancy & Parenting Parenting

13 answers

Get the right attorney. That's the answer.

2007-08-03 09:43:20 · answer #1 · answered by Tex S 5 · 1 0

First of all -- you already HAVE custody. And --if his name is not on the birth certificate, he can't GET custody without going to court to prove that he is the father.

He sounds like a very bad person and he is trying to frighten you. If you have a restraining order against him, then be sure to report any violations to the police.

You need to keep a journal listing any instances of him violating the restraining order --write down the date and what he said or did. don't let him know that you are writing it down --just DO IT. that can be used as evidence against him in court if it should be necessary.

I would not let him have even supervised visitation --he sounds violent and might try something if he sees the baby.

See a lawyer --call legal aid if you have no money. They can help you decide what to do.

2007-08-03 17:18:20 · answer #2 · answered by Marilyn E 4 · 0 0

I'm sorry you're in this situation. Even how horrible it is, I'm so glad that you will still want your baby's father to have visitation. These battles are always so nasty. You should be able to find (and I hate to recommend this as they also can take advantage of you and try to make you a victim -- this is how they get their financial assistance from the state) is a women's shelter. If the situation is bad enough you fear for your life or your son's, they can back you with the legal help you'll need. You do have to sign statements against the baby's father--be careful and use your head if you do go into this situation. A baby needs his mommy and daddy just remember this (which it sounds like you do - you seem reasonable!) Just remember that you're in this for another eighteen years!

2007-08-03 16:50:03 · answer #3 · answered by caligirl_SC 3 · 0 0

Honey, he never signed the birth certificate so he has no rights until he is proven the father. You have sole custody of this child right now. He cannot just take your baby away, he'd have to prove that you are a bad mother and he obviously tried and failed at that once. Keep your baby away from this violent crazy man!! Do not drop that restraining order!! The only way he will get visitation is to take you to court for it and then pay to prove that he is the father and then you can discuss his violence and threats.

2007-08-03 16:53:17 · answer #4 · answered by Jenn 3 · 2 0

You can probably get a public defender... I know you can in my state... a free lawyer basically if someone is interested in your case they can take it, its for people who can't afford an attorney. Look into that. If there are police reports of him hurting you they wouldn't even think about giving him custody of a child. Call your court house and tell them whats going on. Someone there should be able to help you better than someone on here.

2007-08-03 16:47:04 · answer #5 · answered by Anonymous · 0 0

Doesn't sound from what you say that he'd stand much of a chance in court of getting custody. But it would be a good idea to see a lawyer and get things official. If you can't afford a lawyer, check with your local legal aid group. Or call family court and ask how to proceed.

Good luck.

2007-08-03 16:52:11 · answer #6 · answered by Judy 7 · 1 0

You will at least get a court appointed lawyer, that is your right. You need to document every threatening or harmful thing he has ever done and keep documenting until you go to court. Then you will have it all on paper with dates and times. Your sister can print out her phone bill and show that he has been harrassing her too. Good luck.

2007-08-03 16:53:49 · answer #7 · answered by ☆Zestee☆ 5 · 1 0

You could look into a womens rights center for legal help. They usually have firms that work with them to help those who can't afford to pay.

Personally I would get a lawyer. Its kind of a big deal and a lawyer would know what to do in your jurisdiction. Please at least call one. The first consult is sometimes free.

2007-08-03 16:45:11 · answer #8 · answered by Anonymous · 1 0

YOU NEED PROFESSIONAL HELP BEFORE THIS MAN REALLY DOES SOMETHING WORSE TO YOU OR TO YOUR BABY. HE HAS YOU SO FRIGHTENED THAT YOU ARE NEAR PANIC. IF HE THREATENS YOU, CALL THE POLICE AND LET THEM KNOW OF THE INCIDENT. YOU CAN GET LEGAL HELP FROM LEGAL AID OF YOUR STATE. IF HE DID NOT SIGN THE BIRTH CERTIFICATE, I DO NOT THINK HE HAS ANY CHANCE OF TAKING THE BABY FROM YOU AND HE HAS BEEN PHYSICALLY AND VERBALLY ABUSIVE TO YOU ALSO. GET HELP FROM SOCIAL SERVICES AND THE POLICE WILL TELL YOU HOW TO GO ABOUT THIS.

2007-08-07 15:45:10 · answer #9 · answered by Anonymous · 0 0

go to legal aide you clearly qualify, do not go without lawyer, but your case worker should be able to help you find legal aid

2007-08-03 17:37:16 · answer #10 · answered by melissa s 6 · 0 0

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